Regulation of Business – Fair Trade Laws – Application of the McGuire Act to Mail Order Sales Emanating in a Non-Fair Trade Jurisdiction

Defendant’s store was located in the District of Columbia, a jurisdiction which does not have a statute permitting resale price maintenance. The defendant sent advertising and made mail order sales of plaintiff’s product to consumers in Maryland, at prices below the resale price established by the plaintiff in accordance with the Maryland Fair Trade Act. Plaintiff sued to enjoin such advertising and sales on the ground that they were violations of the Maryland statute. On defendant’s motion to dismiss, held, overruled without prejudice. On the main point in issue, however, the court ruled that neither the Maryland Fair Trade Act nor the McGuire Act was intended to allow suits predicated on mail-order sales emanating in a non-fair trade jurisdiction. Revere Camera Co. v. Masters Mail Order Co. of Washington, D.C., (D.C. Md. 1955) 128 F. Supp. 457.